Defense of Self Against Unlawful Attack
Posted by Foxfier on 2012/06/14
apparently, this applying to police is controversial.
To clarify, I’m talking about the new law in Indiana, not to #OWS punching a cop and being shocked when they get thumped. Was falling asleep last night and heard Coast to Coast AM start in on it.
Look: I don’t want cops to die. I don’t even want a CPS agent that’s kidnapping kids “for their own good” to be shot.
Then again, I don’t want any more people to die in misplaced raids, like Jose Guerena. I don’t want a Jose Guerena who managed to shoot a home intruder on trial because the people breaking into his house were state employees who thought he was a dangerous criminal.
The law is give and take. So far as people follow it, they are protected by it. There is no way that you should get special protections against logical, immediate consequences of breaking the law simply because of who your employer is; when officers of the law make mistakes, they are putting the lives of those involved on the line. The victims of the mistake should not be put in further jeopardy (not just of legal action, but of criminals doing the obvious exploitation of such a ruling) to protect those who initiate the confrontation.
When I joined the Navy, I was taught that I must refuse an unlawful order. Police have a similar responsibility. It has a sister right to resist unlawful force—if something is unlawful, it is outside of the law, unprotected by the law.
Here’s the meat and potatoes of the edited law:
"A person is justified in using reasonable force against ANY OTHER person to protect the person or a third person from what the person reasonably believes to be imminent use of unlawful force."
Quote copied it from the link up above.
Police are no different from other citizens, other than that they are empowered to enforce the law. This does not give them special protection when they break the law, any more than they should be specially penalized for inadvertently breaking the law. The obvious hard case is that of a mistaken raid, where the police don’t realize they’re raiding the wrong house, and the homeowner doesn’t realize that the men with guns yelling are police. I can see no reason that a law abiding person who is the victim of bad paperwork should be put in even more jeopardy than the screw-up already did.
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